
Getting Started
Are you able to end your marriage amicably?
If so, well done. You can take advantage of OCAP, (Online Court Assistance Program) via the Utah Court System. If both you and your ex agree to ALL of the terms, you can go to https://www.utcourts.gov/en/self-help/services/ocap.html create an account, and follow the steps to file for divorce electronically. This method, will cost you less than $500. This option is the best not only for your finances and emotional well being, but if you have children it is the least intrusive. Not to mention it keeps the lawyers, mediators, Guardian Ad Litems, and Commissioners away-and will only require a judge for approval.
Are you struggling to amicably make it to the end?
If so, there is help to get you amicably over the finish line and on with the rest of your lives. Before you start shopping for an attorney, try hiring a mediator first. A mediator is truly an unbiased third party, who is familiar with the court system, that can sit down with you both and help you get to a settlement for far less than an attorney. (Note-the court will force you to mediate at least once, possibly more depending how long your divorce takes.)
Is this going to be an EPIC battle?
Is your ex completely unreasonable? Do they already know that the court favors the mother? Is your ex trying to take everything from you? - Then you are unfortunately in for a very long, eye opening, life changing ride, but I am here to help you navigate that ride, and get you to a place where you have control of your life again. Which is exactly why I created this website. Your first steps begin here…
1- Calm yourself and educate yourself.
2- Figure out the hot-spots. Custody, Assets, Finances, Budget, and what you stand to lose.
3- Find and retain an attorney. Don’t fall for billboards, or catchy “pick me” adds. Choosing the right attorney is one of if not the most important decisions you will make, and you will need to make this decision very early. Having to change attorneys down the line is something you will want to avoid. Every attorney will offer a free consultation, take advantage of this, as it will be the only “freebee” you get. You must do your due diligence here.
4- Grab an adult beverage, or a diet coke, a comfortable seat in a quite space, take 3 deep breaths and continue reading. We have a lot to get through so keep scrolling!
The Basic Divorce Step by Step
Step 1 - Meet Residency Requirements
To file for divorce in Utah, either you or your ex must have lived in a single Utah county for at least 3 months before filing. Additionally, If you have children under 18, the child must have lived in Utah with one parent for at least 6 months. There are some exceptions.
Step 2 - File the Petition for Divorce
The spouse initiating the divorce (Petitioner) must file a petition for divorce with the district court for the county where they or their spouse have lived for the past 3 months. The petition must include the following:
A summons
A declaration of jurisdiction and grounds for divorce
A certificate of divorce, dissolution of marriage, or annulment
Step 3 - Serve the Divorce Papers
After filing, the petitioner must serve the divorce papers on the other spouse (Respondent) within 120 days. This can be done by a sheriff, a constable, US Marshall, or anyone else so long as they are over 18 and not involved in the case. Proof of service must be filed with the court.
Step 4 - Respond to the Petition
The respondent has:
21 days to respond if in Utah
30 days to respond if outside of Utah
Step 5 - Attend Required Classes
If there are minor children involved, both parents must attend 2 educational courses.
Divorce Orientation Class
Parenting Class
These classes must be completed 60 days after filing. They can be done online and they are at your own expense. ($50 each)
Step 6 - Temporary Orders (if necessary)
Either party can request temporary orders to address such issues as child custody, child support, spousal support, and use of the family home while the divorce is pending. These orders remain in effect until the divorce is finalized.
Step 7 - Mediation
In contested divorces the court will require mediation to help both parties reach an agreement on disputed issues. Mediation involves a neutral third party who assists in negotiations. If an agreement is reached it can be submitted to the court for approval.
Step 8 - Finalizing the Divorce
After a mandatory 30 day waiting period from the filing date, the divorce can be finalized. If both parties agree on all terms, the court may issue a divorce decree without a hearing. If their are disagreements, a trial will be necessary-where a judge will make the final decision on contested issues.
Step 9 - Post Divorce Actions
After the divorce is finalized, either party can request enforcement of the divorce decree, correct clerical errors, or appeal the courts decision if there are grounds to do so.